The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Jerry J. Guillot.
DIGEST
Allain (SB 531)
Proposed law provides that no state or local governmental entity, except the Department of
Natural Resources (DNR), the attorney general, or the Coastal Protection and Restoration
Authority (CPRA), shall have, nor may pursue, any right or cause of action arising from or
related to a state or federal permit issued pursuant to R.S. 49:214.21 et seq., 33 U.S.C. 1344 or
33 U.S.C. 408 in the coastal area as defined by R.S. 49:214.2(4), violation thereof, or
enforcement thereof, or for damages or other relief arising from or related to any of the
foregoing. However, preserves any contractual claims that any state or local governmental entity
may possess against the permittee.
Provides that nothing in proposed law shall impair any authority under R.S. 49:214.36 of the
DNR secretary, the attorney general, an appropriate district attorney, or a local government with a
coastal management program approved under R.S. 49:214.21 et seq., the State and Local Coastal
Resources Management Act of 1978.
Provides that no person shall have, nor may pursue, any right or cause of action against any state
or local governmental entity for or relating to any violation of, enforcement of, or damages or
other relief arising from or related to any action or inaction in relation to a permit issued pursuant
to R.S. 49:214.21 et seq., 33 U.S.C. 1344 or 33 U.S.C. 408.
Provides that any monies received by any state or local governmental entity except DNR arising
from or related to a state or federal permit issued pursuant to R.S. 49:214.21 et seq., 33 U.S.C.
1344 or 33 U.S.C. 408, violation thereof, or enforcement thereof, or for damage or other relief
arising from or related to any of the foregoing shall be deposited and credited by the treasurer to
the Coastal Protection and Restoration Fund for integrated coastal protection, including coastal
restoration, hurricane protection and improving the resiliency of the coastal area.
Provides that nothing in proposed law:
(1)Shall constitute a waiver of sovereign immunity under the Eleventh Amendment of the
US Constitution.
(2) Shall prevent or preclude any state or local governmental entity or any other person from
pursuing any remedy otherwise authorized pursuant to C.C.P. Art. 3861 et seq. or any
administrative remedy otherwise authorized by law arising from or related to a state or
federal permit issued in the coastal area pursuant to R.S. 49:214.21 et seq., 33 U.S.C.
1344 or 33 U.S.C. 408.
Provides that where litigation asserting a right or cause of action as set forth in R.S. 49:214.36.1(A) has been filed as of the effective date of proposed law, the state or local
governmental entity which has filed such litigation shall provide written notice via certified mail,
return receipt requested, to the three agencies identified in R.S. 49:214.36.1(A) within thirty days
of the effective date of proposed law. Upon motion of the DNR secretary, the CPRA executive
director, or the attorney general, the moving parties shall be made parties and shall be substituted
for the person who brought the suit. However, if none of the foregoing moves to be made party to
the suit and substituted for the person who brought the suit within 90 days of issuance of such
notice, the court on its own motion or on the motion of any party or interested person shall
dismiss the litigation without prejudice as to any state or local governmental entity.
Provides that where litigation asserting a right or cause of action as set forth in R.S.
49:214.36.1(B) has been filed as of the effective date of proposed law, the court on its own
motion or on the motion of any party or interested person shall dismiss the litigation without
prejudice as to any state or local governmental entity.
States that it is the intent of the legislature that the provisions of R.S. 49:214.36.1(A) are
procedural and interpretive in nature and intended to clarify existing law, and that they shall be
applicable to all claims existing or actions pending on its effective date and all claims arising or
actions filed on and after its effective date. Provides that it is further the intent of the legislature
to clarify that attempted enforcement of the claims described in R.S. 49:214.36.1(A) by any
person other than those entities named therein is and has always been contrary to the public
policy of this state and ultra vires.
States that it is the intent of the legislature that the provisions of R.S. 49:214.36.1(B) shall be
applicable to all claims existing or actions pending on its effective date and all claims arising or
actions filed on and after its effective date, as authorized by Article XII, Section 10(C) of the La.
Constitution. Provides that it is further the intent of the legislature to declare that the claims
described in R.S. 49:214.36.1(B) are and have always been contrary to the public policy of this
state.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 49:214.36.1)